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Home My WebLink About079-84ioy TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 13, 1984 Re: MIKE LAMB, INC. (079 -84) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. BOARD OF APPEALS William R. Sherman, Acting Chairman /�/j 4//g 0. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: On September 28, 1984, MIKE LAMB, INC. (hereafter Lamb) (079 -84) applied to the BOARD OF APPEALS (hereafter the Board) for a SPECIAL PERMIT pursuant to SECTION 4C (2) (c)(11)of the Nantucket Zoning By -Law. On NOVEMBER 2, 1984 the Board held a Public Hearing on the matter. At the hearing, Lamb presented the testimony of its engineer, Russell Webster, and submitted to the Board various plans as exhibits. The Board heard the presentation of Lamb's attorney, Gary A. Nickerson and received public comment, both written and oral communications. On the basis of the Application and information received at the Hearing, the Board makes the following findings of fact: 1. The proposed activity is the manufacturing and sale of asphalt concrete. The hot mix process would be employed, using a mobile AEDCO piece of equipment, arra nged as shown on drawings of Webster Associates, Inc., no. 4 of 10/10/84, no. 5 of 10/11/84 and no. 6 of 10/12/84 accom- panying their proposal submission for Lamb. 2. The proposed site is 90,000 square feet of land leased by Lamb from the NANTUCKET MEMORIAL AIRPORT COMMISSION. The site is located east of the present runways and south of the O1d,South Road. The site fronts on Bunker Road. Airport approval is taken from granting of the lease. 3. The need for an additional facility to manufacture asphalt on Nantucket is well known. The recent enactment of stringent Subdivision Control Regulations, coupled with the need to repair existing public ways, has created a shortage of high quality paving material. 4. The site is Zoned RESIDENTIAL - COMMERCIAL 2 (RC2). Asphalt manu- facturing facilities are allowed within the RC2 district by Special Permit. .(07cl-84) —2— 5. The proposed facility mixes asphalt cement with stone dust and gravel to form asphaltic concrete (commonly called hot mix or blacktop). During the manufacturing process the materials are heated and mixed to- gether. No process water is discharged into the ground. Water vapor and a small amount of aggregate materials are discharged into the atmosphere after the wastes are cleaned in a three stage atmospheric scrubber. 6. The operation of the plant is subject to stringent regulations created and enforced by the Environmental Protective Agency and the De- partment of Environmental Quality Engineering. DEQE inspection of the plant is to be done periodically. 7. The site is remote. The nearest developement is a commercial one, the propane gas facility —The nearest residential area is approxi- mately three to four thousand feet removed from the site. The single letter in opposition was from a Madequacham Valley resident. 8. The site is not within the aquifer recharge district. 9. The Board received testimony about noise, vibrations, concus- sions, odors, fumes, smoke, gases, dust, harmful fluids or other ob- jectionable or detrimental features at the Hearing. 10. The Board determined that the proposed activity will not be in violation of SECTION 6D of the Zoning By -Law. 11. The proposed activity meets all criteria for the award of a Special Permit from this Board. It is in harmony with the general pur- pose and intent of the By -Law. 12. The Planning Board recommended favorable action on this Appli- cation. Neither Lamb nor the Lessor had, however, applied to that Board for the Special Permit required under Section 4 C 2d. The Board, there- fore, determined that its award of a Special Permit to Lamb should be for a first period ending December 31, 1986, in which: (a) a Special Permit for a Major Commercial Develope- ment (4 C 2d) might be obtained by Lamb or the Airport Commission for Lamb; (07q -84) -3- (b) a final legal determination duly obtained that no such Special Permit is required. For administrative economy, this Board should not address all the conditions pertaining to a Major Commercial Developement, the provence of the Planning Board. A second period would run from January 1, 1987 to the termination of Lamb's Airport lease. 13. Accordingly, this Board, by UNANIMOUS vote, GRANTS to Mike Lamb, Inc. a SPECIAL PERMIT pursuant to SECTION 4 C 2c (11) to use the leased site for asphalt manufacturing facilities substantially in accordance with the Webster Associates drawings for said first period. If and when either of conditions (a) or (b) are satisfied, the Special Permit shall continue in force for said second period; otherwise, the Special Permit will terminate December 31, 1986. Dated: December 13, 1984 Nantucket, MA 02554 30 �M i Eileen I. Cahoon William R.. Sherman -XIA Zo:�,�!- 4)zL,a-,J, , Linda F. Williams 93 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 2, 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of MIKE LAMB, INC. LESSEE, NANTUCKET MEMORIAL AIRPORT LESSOR (079 -84) seeking a SPECIAL PERMIT under SECTION 4C 2.11 (asphalt manufacturing facilities) of the Zoning By- Law. If granted, the Applicant would be permitted to construct and operate an asphalt plant on property owned by the NANTUCKET MEMORIAL AIRPORT, PORTION OF LOT 2 AND LOT 3, PLAN 78 and is Zoned RESIDENTIAL - COMMERCIAL -2. William R. Sherman, Acting Chairman BOARD OF APPEALS ,.r o, a ANT UC,4r fT 3? � RAT E Office of Airport Manager Phone (617) 22 8-1255 Town of Nantucket NANTUCKET MEMORIAL AIRPORT Nantuc'.:et Island, Massachusetts 02554 September 11, 1984 �oOp� 4 Mr. Michael O. Lamb Mike Lamb, Inc. Hummock Pond Road Nantucket, Ma. 02554 Dear Mike: Please be informed that at their September 10, 1984 meeting, the Nantucket Memorial Airport Commission agreed to lease approximately two acres of property to Mike Lamb, Inc. for the purpose of erecting an asphalt plant. Very truly yours, enneth W. Holdga e Airport Manager KWH:jmn Attachment VW11 Tom" l� Case N o._C��_ " ._'___ APPLICATION TO THE BOARD Or APPEALS Nantucket, Massachu_'', To the Members of the Board of Appeals: The undersigned hei:eby applies for relief from the terms of (ZONING BY- LAW)(BUILDING CODE) on property described below: Location of Property Nantucket Memorial Airport I.ot No. portion of LOT 2 and LOT3 Plan No. 78 — District is zoned for RC -2 Residential Commercial Type of structure(Existing or Proposed) or proposed use: _ma nuVaettrring Owner }s yname n� _- N�n �cket 1Pmorial Air,�or Tease �o Mire Lamb Tnc. Owner's Address Mike Lamb, Inc. Hummock Pond Rd., Nantucket, MA 02554 When did you acquire this property? By Lease committed September 10, 1984 Iias application been filed at Building Department? NO Has'any previous appeal been made? NO Section of By -Law or Code from which relief is requested: 4C 2-11-- Special Permit Reason for asking relief: Nantucket zoning by -law allows the activity-pur- suant to a Special Permit. The need for an asphalt plant is well known. The proposed location will not interfere with public safety and the quiet eniovment of the residents of Nantucket. 0 GAry Nickerson, Attorney for Mike Lamb, Inc. ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 f.-e.. (2).A check in the amount of $100.00 made payable to the Town of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates _ Hearing date(s) Decision of Board _ Decision filed with the Town Clerk _ _� 0 IL6 A . It It 16 q6 r • Y. fib IF ✓ re 3 VS-2 / tif7uO�T PkA v ew " & wo '.V WAW rUCXXT A 7% jw A C Coo4p• MCA" - WOCAVAA4, 4 -r ft'A 1w — . _ Cl> EXPTnlT '.@A" 9y e::� ? 4? , &el NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 29 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of MIKE LAMB, INC. LESSEE, NANTUCKET MEMORIAL AIRPORT LESSOR (079 -84) seeking a SPECIAL PERMIT under SECTION 4C 2.11 (asphalt manufacturing facilities) of the Zoning By- Law. If granted, the Applicant would be permitted to construct and operate an asphalt plant on property owned by the NANTUCKET MEMORIAL AIRPORT, PORTION OF LOT 2 AND LOT 3, PLAN 78 and is zoned RESIDENTIAL - COMMERCIAL -2. /c• William R. Sherman, Acting Chairman BOARD OF APPEALS N P o N A`6ORAT O' Office of Airport Manager Phone (617) 22 8-1255 Town of Nantucket NANTUCKET MEMORIAL AIRPORT Nantuc' =N-et Island, Massachusetts 02554 September 11, 1984 �Oop� Mr. Michael 0. Lamb Mike Lamb, Inc. Hummock Pond Road Nantucket, Ma. 02554 Dear Mike: Please be informed that at their September 10, 1984 meeting, the Nantucket Memorial Airport commission agreed to lease approximately two acres of property to Mike Lamb, Inc. for the purpose of erecting an asphalt plant. Very truly yours, enneth W. Holdga_e Airport Manager KWH:]mn Attachment Case No._� =�_ APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachu-_:.:. `I10 the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of - (ZONING BY- LAW)(BUILDING CODE) on property described below: Location of Property Nantucket Memorial Airport Lot No. portion of LOT 2 and LOTS Plan No. 78 District is zoned for RC -2 Residential Commercial Type of structure(Existing or Proposed) or proposed use: manufacturing acity caner l� s Dame Nantucket Memorial Airport Tease to Mile Lamb Inc. _ Owner's Address Mike Lamb. Inc Hummock Pond Rd., Nantucket, MA 02554 When did you acquire this property? By Lease committed September 10, 1984 Has application been filed at Building Department? NO Has-any previous appeal been made? NO `_- Section of By -Law or Code from which relief is requested: 4C 2 -11 _ Special Permit Reason for asking relief: Nantucket zoning by -law allows the activity-pur- suant to a _Special Permit The need for an asphalt plant is well known. The proposed location will not interfere with public safety and the quiet enjoyment of the residents of Nantucket. Gar Nickerson, Attorney for Mike Lamb, Inc. ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 f- e_. (2).A check in the amount of $100.00 made payable to the Town of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. 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